To Reaserch Pleaded Guilty And Accept Punishment With Handle Leniently Procedure

Pleaded guilty to forfeit their from the system construction is the key of the current judicial reform and hotspot issues,the program design is one of the focus of attention.Greater by applicable pleaded guilty to forfeit their procedures,can promote the cases,in a timely manner to deal with some cases,Improve the efficiency of litigation,safeguard judicial justice,safeguard the legitimate rights and interests of the criminal suspect or defendant.Although China's current judicial practice has begun to explore of the build to greater forfeit their program,but there are many questions worth further study.Greater in this article,therefore,pleaded guilty to forfeit their program builds as foothold,based on the analysis of the existing regulations,reflect on the problems and the summary,and combining with foreign regulations,procedures perfect Suggestions,pleaded guilty to ensure greater forfeit their program run effectively,fully realize the value of its program function and litigation.This article is divided into four parts,the body part of a total of more than fifty-three thousand words.The first part is the confession greater forfeit their program to build the basis of the theory.First of all,from the legal basis for the greater confessed forfeit their program to build including one is the criminal policy of tempering justice with mercy,the distinction between different nature of the crime has been the party and the state criminal justice claims;Second is to restore the social relations to through the way of combining punishment with education,to reduce the hostility of the criminal suspect or defendant,timely restore the damaged social relations,achieve social harmony and stability;Third is the action in a timely manner,timely handling cases,as far as possible to reduce the negative impact of the criminal procedure of the criminal suspect or defendant.Second,pleaded guilty to the practical value of the greater forfeit their program including one is the development of the anamnesis of severe punishment,within the scope of the legal conditions allow as much as possible to show leniency if a criminal suspect or defendant,it is a kind of rule of law progress requirements;Secondly,solve the contradiction in the case of people less,clear display cases in judicial practice in recent years gradually showed a trend of rapid increase in the number,but the judges,prosecutors did not have a substantial increase in the number of people less contradiction is particularly prominent,pleaded guilty to forfeit their no program can better promote cases);Third is the need of balance justice and efficiency,improve judicial efficiency,and timely meet the needs of the justice;Fourth,safeguard the legitimate rights and interests of criminal suspects,decrease the rate of detention,"program go back" judicial procedure has not been solved,such as a disguised form damage the legitimate rights and interests of the criminal suspect or defendant,"light" in the investigation,prosecution stage has not been reflected,need to be settled as soon as possible.Visible,pleaded guilty to forfeit their from a program for the efficiency of lawsuit and has important value of human rights,one aspect can guarantee and simplified shunt case,on the other hand can also protect the rights of the accused person,achieving procedural justice.The second part is the comparison method to greater forfeit their program.First of all,through the Anglo-American law system and continental law system and mixed system mode of confession greater forfeit their program analysis found that,for one,these countries more or less acknowledge the use of plea bargaining;Second,these countries on the institutional guarantee the defendant has the right to silence and lawyers to help such as basic procedural rights.But the judicial habit of different,countries in the case of range and prosecution discretion and discovery in practice there is a big difference.Due to different legal tradition and continental legal system and mixed system model for confession greater forfeit their applications,both the case scope and prosecution discretion and discovery have set up some barriers,judicial tradition still to find real case as the first goal of the pursuit.And obviously pay more attention to the judicial democratization,Britain and the United States to give a lot of the prosecuting and defending parties in criminal judicial participation.The practice of the third part is the confession forfeit from program,although our country criminal speed cutting procedure,minor criminal cases rapid conduction mechanism,application of summary procedure and criminal reconciliation has pleaded guilty to forfeit the properties of the light,but there are still many shortcomings: one is the relevant procedure did not play the role of and simplified shunt,internal approval process is still relatively complex,Jane and not easily;The second is more unreasonable restrictions,case scope is limited,some related application rate is not high;A third is minor individually in the provisions,the lack of a mutual unification pleaded guilty to forfeit their leniency rules,causing the program runs not harmonious,especially the investigation phase lack of corresponding provisions;Thus,to these questions should be pay special attention to and solve in the process of building program.The fourth part is the perfect idea to greater forfeit their application in our country.First of all,from the start of the program,first,a clear case part is only applicable to the facts clearly,the controversy is not serious criminal cases;Second,clear to apply only to the criminal suspect or defendant voluntary confession forfeit their circumstances;Third,clear start right mainly defenders,the criminal suspect is given priority to,the procuratorial organ is complementary,do not give the judge and the victim's right to start;Fourth,clear in different stages of the investigation,prosecution or trial can start,but only to the criminal suspects and defendants party;Fifth,clear shall inform the criminal suspect or defendant to start the procedure after a plea forfeit their hard to show leniency.Secondly,in the investigation,prosecution or trial pleaded guilty to three stages to forfeit their perfect from the program.Specific for,first,the procedural construct in investigation phase,mainly based on the criminal suspects in the investigation stage is vulnerable to the characteristics of the rights infringed,by setting up force synchronous sound recording or video recording,and provide the necessary lawyer help to safeguard the legitimate rights and interests of the criminal suspect;Simplify the part of the investigation procedure at the same time,improve the working efficiency,reducing the pressure of criminal suspects of litigation;Second,in the examination and prosecution stage clear public prosecution organs should especially focus on review the criminal suspect voluntary review,at the same time reduce the internal examination and approval procedures;Conditional discovery activities,facilitate the process of case;In the application of the compulsory measures should also reflect on "from" processing,as far as possible for more moderate compulsory measures;Prosecution discretion aspects,besides not to Sue and prosecution should further perfect the system of conditional not to Sue,expanding in the stage of the examination and prosecution cases,"from" processing some suspect;Again is to reduce the conditional of proof standard,improve the efficiency of lawsuit.Third,in the trial stage has been clear about the judge should focus on the criminal suspect or defendant voluntary review;Clear to trial and the trial of simplified,give priority to with no court trial,the hearing is complementary processing mode,the trial form is single system;To prevent because "program back" judicial ills such as protracted case caused by serious damage to the legal rights of criminal suspects or defendants in a case;Build system of memos,to provide the prosecuting and defending parties in the criminal trial information support.Finally,clear in such cases the defendant shall not exercise the right of appeal,prohibit technical appeal,the appeal can be programmed for appeal,only if the case iswrong,mainly through the procedure for trial supervision.